Sex-related charges are among the most serious and emotionally complex criminal offenses in Ohio. Even when both people believe a relationship was consensual, the law may say otherwise, especially when one person is underage.
In Ohio, one of the most commonly misunderstood offenses is unlawful sexual conduct with a minor. It can carry felony charges, mandatory registration as a sex offender, and long-term personal consequences. At Hiltner Trial Lawyers, we have helped clients navigate sensitive cases involving statutory rape and other sex offense accusations.
What Does the Law Say?
Under Ohio Revised Code § 2907.04, unlawful sexual conduct with a minor occurs when:
Unlawful sexual conduct with a minor occurs when one person is 18 or older, the other is between 13 and 15 years old, and the two engage in sexual conduct.
Even if the minor agrees to the interaction, it can still be a crime. Ohio law says that people under 16 are not legally capable of consenting to sex with an adult. That’s why this charge is sometimes referred to as a form of statutory rape, even though that term doesn’t appear in the statute itself.
Does Age Difference Matter?
Yes, the charges and penalties typically depend on the age gap between the people involved, and here’s how that is generally structured:
- Less than 4 years age difference → Often charged as a first-degree misdemeanor
- 4 to 10 years age difference → Can be a fourth-degree felony
- More than 10 years age difference → Can be charged as a third-degree felony
In more serious cases, where force is used, the younger person is under 13, or the adult is in a position of authority, prosecutors may pursue rape or other felony sex charges instead.
Is There a “Romeo and Juliet” Exception?
Ohio does allow some legal flexibility for close-in-age relationships, commonly called the Romeo and Juliet exception. If both people are teenagers (typically ages 13 to 17), and their ages are close enough, the adult may not face charges or may be charged with a misdemeanor instead of a felony.
However, this exception is limited. It doesn’t apply once one person turns 18, and it doesn’t protect relationships with large age gaps. It also doesn’t shield someone if other factors like coercion, intoxication, or authority over the minor are involved.
What Are the Penalties?
The sentence for statutory rape depends on how the offense is charged, but penalties may include:
- Misdemeanor: Up to 6 months in jail and a $1,000 fine
- Fourth-degree felony: 6–18 months in prison and fines up to $5,000
- Third-degree felony: 1–5 years in prison and fines up to $10,000
- Sex offender registration, which may last 15 years or more
In some cases, the court may allow the adult to avoid sex offender registration, especially if the age difference is minimal and the conduct was consensual. But that is not guaranteed.
Common Misunderstandings
These cases often involve confusion, miscommunication, or assumptions about someone’s age. Even if a teenager lies about how old they are, that’s usually not a valid legal defense.
Other common issues include:
- Relationships that parents disapprove of
- Encounters at parties or through social media
- Unclear or inconsistent statements by the minor or witnesses
If you’ve been accused, don’t try to explain or justify your actions to police without an experienced lawyer present. These cases move fast and can escalate quickly.
Facing Allegations? You’re Not Alone.
Being accused of unlawful sexual conduct with a minor can affect every part of your life, your reputation, your career, your family, and your future. These cases are difficult, especially when the facts are unclear or the situation involves teenagers who thought the relationship was mutual.
But facing a charge doesn’t mean you’re automatically guilty. The facts matter, and so does how your side of the story is told.
If you’re under investigation or have already been charged, contact Hiltner Trial Lawyers. We’ll listen without judgment and help you understand your rights and options moving forward.
FAQ
1. What qualifies as unlawful sexual conduct with a minor in Ohio?
Unlawful sexual conduct with a minor in Ohio occurs when an adult, age 18 or older, engages in sexual conduct with someone between the ages of 13 and 15. Even if the younger person consents, the law considers the conduct illegal due to their age.
2. Is unlawful sexual conduct with a minor considered statutory rape in Ohio?
Yes, although Ohio law doesn’t use the term “statutory rape,” unlawful sexual conduct with a minor is treated similarly. It involves situations where the law assumes a minor cannot legally consent, making the adult’s actions a criminal offense.
3. What are the penalties for unlawful sexual conduct with a minor in Ohio?
Penalties range based on the age difference. If the age gap is less than four years, it may be a misdemeanor. Larger age gaps can lead to felony charges, with prison time ranging from 6 months to 5 years and possible sex offender registration. Contact an experienced criminal defense attorney to learn more.
4. Can you go to jail for dating a minor in Ohio?
Yes, if the relationship involves sexual conduct and one person is under 16, the adult could face charges for unlawful sexual conduct with a minor, even if the relationship was consensual in a social sense.
5. Does Ohio have a Romeo and Juliet law?
Ohio allows limited legal protections for teens close in age, often referred to as the “Romeo and Juliet” exception. However, it does not apply once one person turns 18 or if the age difference exceeds the legal threshold.
6. Can you be charged if the minor lied about their age?
Unfortunately, this is possible. In Ohio, mistaken belief about a minor’s age is not a complete defense to unlawful sexual conduct charges. Even if the minor misrepresented their age, the adult may still be held legally responsible.
